Judgment of the General Court (First Chamber) of 20 April 2010 – Rodd & Gunn Australia v OHIM (Representation of a dog)
(Case T-187/08)
Community trade mark – Figurative Community trade mark representing a dog – Cancellation of the mark upon expiry of the registration – Request for renewal of the mark – Application for restitutio in integrum – Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009)
Community trade mark – Procedural provisions – Restitutio in integrum (Council Regulation No 40/94, Art. 78(1)) (see para. 29)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2008 (Case R 1245/2007-4) relating to an application for | restitutio in integrum | . |
Information relating to the case
Community trade mark sought: | Figurative mark consisting of a representation of a dog for goods in Classes 16, 18, and 25 – Community trade mark No 339218 |
Decision of the Trade Marks and Register Department: | Application for restitutio in integrum dismissed |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
1. | | 1. Dismisses the action; |
2. | | 2. Orders Rodd & Gunn Australia Ltd to pay the costs. |